HomeMy WebLinkAboutCity Council Committees - Public Safety (Committee) - 03/11/2014 (3) Public Safety Committee Agenda
T Councilmembers: • Dana Ralph • Les Thomas,Jim Berrios, Chair
(CEN
wa�,an�.n
March 11, 2014
4:30 p.m.
Item Description Action Speaker(s) Time Paqe
1. Approval of January 14, 2014 minutes Yes Jim Berrios 5 min 1
2. Traffic School and Target Zero
Fund Balances - Authorize Yes Sara Wood 10 min 5
3. State Farm Grant — Prevent Illegal
Street Racing — Authorize Yes Sara Wood 10 min 7
4. Panhandling — Information Only No Chief Ken Thomas 5 min 9
5. Panther Lake Police Substation - No Chief Ken Thomas 5 min 11
Information Only
6. Ordinance correcting code sections for Yes Pat Fitzpatrick 10 min 13
menacing and lewd conduct — Authorize
7. Ordinance amending KCC 13.05.050 —
Fireworks Penalty — Recommend Yes Chief Ken Thomas 10 min 23
S. Police Chief's Update No Chief Ken Thomas 5 min 29
Tom Kaspar — VIPS Coordinator
Unless otherwise noted, the Public Safety Committee meets the 2ntl Tuesday of each month at 4:30 p.m.
in Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895.
For information please contact Kim Komoto at (253) 856-5788 or via email at kkomoto@kentwa.gov.
Any person requiring a disability accommodation should contact the City Clerk's Office at(253) 856-5725 in advance. For
TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388.
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KENT
CITY OF KENT
PUBLIC SAFETY COMMITTEE MEETING MINUTES
January 14, 2014
COMMITTEE MEMBERS. Jim Berries, Chair, Les Thomas, and Dana Ralph. The meeting was
called to order by Council President Dana Ralph at 5:39 p.m. Councilmember Berries was
absent.
1. Approval of Minutes
Councilmember Thomas MOVED and Councilmember Ralph SECONDED a Motion to
approve the November 11, 2013 minutes. Motion PASSED 2-0.
2. Washington Auto Theft Prevention Authority Grant - Recommend
Debra Leroy, Research and Development Analyst, presented information regarding the
Washington Auto Theft Prevention Authority Grant. The auto theft task force was formed in
2008 and the Kent Police department has managed the funding since 2008. This $74,983 grant
is an addition to the original award of$1,614,000.
After deliberating, Councilmember Thomas MOVED and Councilmember Ralph SECONDED
a Motion to recommend the Council authorize the Mayor to accept the Washington Auto Theft
Prevention Authority grant award in the amount of $74,983, authorize amending the budget and
authorize expenditure of the funds in accordance with the grant terms and conditions
acceptable to the city attorney and police chief. Motion PASSED 2-0.
Chief Thomas thanked Debra Leroy for her 26 years of service with the Kent Police Department. Debra is
retiring in February and has been instrumental in acquiring and monitoring millions of dollars in grants for
the Police Department throughout the years. Council President Dana Ralph thanked Debra for all of her
work for the police department and appreciates her dedication to the city. Councilmember Thomas
expressed his thanks to Debra for her service with the City.
3. Ordinance Amendina KCC 9.02 — Lewd Conduct - Recommend
Acting City Attorney, Pat Fitzpatrick and Commander Eric Hemmen presented information
regarding the lewd conduct ordinance and the amendments to the Kent City Code, Chapter 9.02,
Criminal Code.
This Ordinance will provide the police department with a new tool to enforce the dress/attire of
non-sexually businesses. This ordinance was prompted by frequent complaints regarding the
sexual attire of employees of coffee/latte stands.
The cities of Sumner and Spokane Valley, have passed similar ordinances. The city of Everett is
contemplating a similar ordinance. Pat Fitzpatrick indicated that this is a sensitive issue that
involves first amendment/freedom of expression rights. The City must be careful in regulating
activities that may be considered first amendment/freedom of expression rights.
The proposed ordinance will require employees working at these businesses be reasonably
clothed when engaged in a non-sexually-oriented business. If they wish to dress with only
pasties or tape over their breasts, they must go through the adult entertainment ordinance and
get properly permitted. It is anticipated that this ordinance will not put anyone out of business,
but may slightly alter the way that they conduct themselves at these businesses.
Public Safety Committee Minutes
January 14, 2014
Page 2
Pat Fitzpatrick responded to Councilmember Thomas' question on whether or not these types of
ordinances have been challenged in the courts by indicating that it has been successfully
utilized, but not challenged. This ordinance imposes a reasonable time, place and manner
restriction.
Council President requested information on other tools that the police department has utilized to
combat these issues. Commander Hemmen indicated that he has been assigned to the special
investigation unit that receives complaints and then conducts undercover investigations. One
investigation led to a confirmation of a prostitution ring that was being run out of a barista
stand. During his investigations, he observed baristas wearing only pasties and tape over their
breasts. Because of the absence of an enforcement tool, the officers can only request that the
employees voluntarily wear more clothing.
This ordinance also amends the prostitution loitering chapter of the code. An enforcement
sections is added as a tool to address attempts to engage in prostitution over the internet.
The Stay Out of Areas of Prostitution (SOAP) section is updated to add new locations known to
be frequented by prostitutes and those who patronize prostitutes. A SOAP order imposed by the
court prohibits prostitutes or those who patronize prostitutes from going into areas of
prostitution. A SOAP order can be ordered by a judge as a condition of sentencing or condition
of release from jail. Two new areas are being added: Central Avenue from Novak Lane to S.
222nd and 83rd Avenue from S. 228th to S. 224th
Councilmember Thomas asked about how other areas can be included as an area of prostitution.
Pat Fitzpatrick indicated that the police department can look into other areas to see if they
would meet criteria to be designated as an area of prostitution.
Council President Ralph asked for confirmation that these SOAP areas being added have been
well-documented. Commander Hemmen indicated that in the last 3 years there have been 34
arrests and that due to the location off Central Avenue it is one of the main prostitution areas in
all of King County.
Council President Ralph indicated that she is happy to support this ordinance in an attempt to
help protect victims from human trafficking.
After deliberating, Councilmember Thomas MOVED and Councilmember Ralph SECONDED
a Motion to recommend Council adopt an ordinance amending Chapter 9.02 by establishing
crimes relating to lewd conduct, by amending sections relating to prostitution loitering and by
adding new areas which fall within the scope of the stay out of areas of prostitution orders.
Motion PASSED 2-0.
4. Chief of Police Update
Chief Thomas thanked the Councilmembers for their support in adding six police officer
positions. One officer has been hired and another was not hired since he did not meet the high
standards set by the police department. Recruiting officer, Bobby Hollis is doing a great job in
finding potential officers.
The Chief updated the committee on the School Zone Traffic Safety Camera Program. The
program went live on January 6, 2014, and as of January 13th, 321 citations have been issued.
The reporting process may be 1-3 days behind due to the requirement of review by an officer
prior to any citation being issued. The Chief indicated that due to the location of the cameras,
people are slowing down for the first camera, speeding up in the middle of the school zone, and
then slowing down again when they approach the second camera.
Public Safety Committee Minutes
January 14, 2014
Page 3
The Chief indicated that officers are now enforcing speed in between the cameras to ensure
compliance with the speed limit. The safety of the children is the primary concern and the police
department will strictly enforce the speed in the school zones.
Chief Thomas will be presenting to Sara Wood the award for the 2013 National Night Out (NNO)
program. The city of Kent was ranked in the top 10 of all cities in the United States with
populations of 250,000 or less. Chief Thomas stressed how great the NNO program is for the
city and that he is very proud of the city's Community Education Unit.
Council President Ralph indicated what a huge project NNO is and that Sara does an amazing
job organizing the event that brings together the City with the community. Chief Thomas
indicated that participants include residents, employees, city administration, department heads,
council members, and legislative members.
Councilmember Thomas voiced his concern over not having a replacement for Sara Wood so
that NNO can continue to be successful. Chief Thomas advised that Jill Fuller will move into
Sara's position. Additionally, the police department is testing for two administrative assistants.
Council President Ralph indicated how pleased she is that the city has implemented the School
Zone Traffic Safety Camera program in an effort to increase the safety for the kids walking in all
school zones. Chief Thomas indicated that during the warning period 1,800 warnings were
issued.
Adiournment
Council President Ralph adjourned the meeting at 6:09 p.m.
Respectfully submitted,
Kim A. Komoto
Public Safety Committee Secretary
Public Safety Committee Minutes
January 14, 2014
Page 4
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POLICE DEPARTMENT
� Ken Thomas, Chief of Police
KENT Phone: 253-856-5800
Fax: 253-856-6802
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: March 11, 2014
TO: Public Safety Committee
SUBJECT: Cumulative Contributions to the Traffic School (N00021) and Target Zero
Teams (N00710) Funds
MOTION:
Move to recommend Council authorize the Mayor to accept the current Traffic
School contribution fund balance of $79,600 and the Target Zero Teams grant
fund balance of $62,708, authorize amending the budget and authorize
expenditure of the funds in accordance with the grant terms and conditions
acceptable to the police chief and city attorney.
SUMMARY: The city of Kent Police Department receives contributions and grant
donations to both the Traffic School and Target Zero Teams (impaired driving
enforcement) funds throughout the year. The donations range from $100 to $25,000.
Since the cumulative contributions received into these two accounts have not previously
been approved and accepted by the council and the combined total exceeds $5,000, the
police department desires to seek approval and acceptance to maintain compliance with
current finance department requirements.
Exhibit: None
Budget Impact: None
Page 6
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POLICE DEPARTMENT
� Ken Thomas, Chief of Police
KENT Phone: 253-856-5800
Fax: 253-856-6802
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: March 11, 2014
TO: Public Safety Committee
SUBJECT: $15,000 State Farm Grant - Citywide Illegal Street Racing
Enforcement/Education Campaign - Recommend
MOTION:
Move to recommend Council authorize the Mayor to accept the $15,000 grant
from State Farm Insurance to implement a citywide illegal street racing
campaign including enforcement and community outreach, authorize amending
the budget and authorize expenditure of the funds in accordance with the grant
terms and conditions acceptable to the police chief and city attorney.
SUMMARY: The city of Kent Police Department received a $15,000 grant from State
Farm Insurance to implement a citywide illegal street racing program to include
enforcement and education components. The police department will implement the high
visibility enforcement model which has been successful in other areas of traffic safety. The
grant will fund enforcement by officers and a media/community outreach component.
Exhibit: None
Budget Impact: Unanticipated income.
Page 8
i
ACKNOWLEDGMENT OF CONTRIBUTION
Internal Use Only By
Corporate Public Affairs
Please complete ALL sections.
ThePAR Kent
K.erit Police Departrnonf Kent J1A
(name of organization as filed, no abbreviations) (city) (state)
acknowledges the receipt of State Farm Mutual Automobile Insurance Company's charitable contribution of
$15.000,00 which was received on Nlarc,h 4 2014 . (date)
PART B.
(Our records indicate that$15,000.00 is a charitable gift to your non-profit organization. Was any portion of this
contribution a direct,tangible benefit back to State Farm? For example: booth, table, or advertising. Please verify below.)
Were any goods or services provided to State Farm in consideration of this contribution?
V
No
Yes(if yes, on the line below, give a description and the value of the goods or services)
i
$
PART C.
Please indicate whether your organization is qualified or non-qualified as described in IRC
Section 601(c)(3), 170(c)(1) or 115(1). See note below.
X h <�rr7vntnunt
Qualified Non-Qualified N/A or Other: Specify' '
Note: In general, an organization qualifies under section 501(c)(3) if it Is a nonprofit group that meets the definition of a
charitable organization as prescribed in the Internal Revenue Code. An organization seeking recognition of exempt status
under section 501(c)(3) must file Form 1023 with the district director for the IRS district in which the organization is
located, Organizations may qualify under section 170(c)(1) if they are a governmental unit of the state or a political
subdivision of the state. Political subdivisions of a state are entities with one or more of the sovereign powers of the state
such as the power to tax. Typically they include counties or municipalities and their agencies or departments.An entity
that is not a political subdivision but that performs an essential government function may qualify under section 115(1).
PART D.
By signing below, I hereby agree that the above statements are correct regarding the amount and receipt of the
contribution, the value of goods or services provided, and the organization's status according to Section 5011
170(c)(1)or 115(1).
Su efte CookF JI<rvr)r
Name(printed) Title
Signature Date
Kent Police Department
Kent, WA
Request ID 11616727
2014 DO
You may mail completed form OR fax to: (309) 766-2314
Page 9
POLICE DEPARTMENT
� Ken Thomas, Chief of Police
KENT Phone: 253-856-5800
w^ ° ° Fax: 253-856-6802
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: March 11, 2014
TO: Public Safety Committee
SUBJECT: Panhandling — Information Only
Information Only
SUMMARY: Ken Thomas, city of Kent Police Chief, will present information regarding
panhandling.
Page 10
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POLICE DEPARTMENT
� Ken Thomas, Chief of Police
KENT Phone: 253-856-5800
w^ ° ° Fax: 253-856-6802
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: March 11, 2014
TO: Public Safety Committee
SUBJECT: Panther Lake Police Substation — Information Only
Information Only
SUMMARY: Ken Thomas, city of Kent Police Chief, will present information regarding the
Panther Lake Police Substation.
Page 12
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Page 13
LAW DEPARTMENT
� Arthur "Pat" Fitzpatrick, Acting City Attorney
KENT Phone: 253-856-5770
Fax: 253-856-6770
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: March 11, 2014
TO: Public Safety Committee
SUBJECT: Ordinance Amending KCC 9.02 Correcting Code Sections for Menacing and
Lewd Conduct - Recommend
MOTION:
Move to recommend Council adopt an ordinance amending Chapter 9.02
correcting code sections for menacing and lewd conduct.
SUMMARY:
On September 3, 2013, Council adopted ordinance No. 4087, establishing the crime of
menacing in the city of Kent. That ordinance was codified in Section 9.02.295 of the Kent
City Code.
On January 21, 2014, the Council adopted ordinance No. 4102 aimed at criminalizing lewd
conduct. This ordinance contained three new code sections. One of the code sections
was a definition section that was also codified in Section 9.02.295.
The two ordinances were codified in the same section of the Kent City Code due to the
fact that, at the time the lewd conduct ordinance was prepared, the code book had not
been updated to show the addition of the menacing ordinance in KCC 9.02.295. This
technical error requires the passage of an ordinance to recodify the crime of menacing
and reenact the code sections relating to the crime of lewd conduct.
This ordinance clarifies that the crime of menacing is recodified at section 9.02.293 of the
Kent City Code. The code sections relating to lewd conduct, which include a definition
section, the crime of lewd conduct, and the crime of facilitating lewd conduct, will be
reenacted in KCC sections 9.02.295, 9.02.296, and 9.02.297 respectively.
Exhibit: Ordinance
Budget Impact: None
Page 14
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, recodifying the crime of
menacing and reenacting the code sections related
to the crime of lewd conduct.
RECITALS
A. On September 3, 2013, Council adopted ordinance No. 4087,
establishing the crime of menacing in the city of Kent. That ordinance was
codified in Section 9.02.295 of the Kent City Code.
B. On January 21, 2014, the Council adopted ordinance No.
4102 aimed at criminalizing lewd conduct. This ordinance contained three
new code sections. One of the code sections was a definition section that
was also codified in Section 9.02.295.
C. The two ordinances were codified in the same section of the
Kent City Code due to the fact that, at the time the lewd conduct ordinance
was prepared, the code book had not been updated to show the addition of
the menacing ordinance in KCC 9.02.295.
D. This technical error requires the passage of an ordinance to
recodify the crimes of menacing and reenact the code sections relating to
the crime of lewd conduct.
1 Recodify/Reenact KCC 9.02
Ordinance
Page 15
E. This ordinance clarifies that the crime of menacing is
recodified at section 9.02.293 of the Kent City Code. The code sections
relating to lewd conduct, which include a definition section, the crime of
lewd conduct, and the crime of facilitating lewd conduct, will be reenacted
in KCC sections 9.02.295, 9.02.296, and 9.02.297 respectively.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. — RecodifY. Section 9.02.295 of the Kent City Code
entitled "Menacing," as passed in Ordinance 4087, is hereby recodified as
KCC 9.02.293 as follows:
Sec. 9.02.293. Menacing. A person is guilty of the crime of
menacing when he or she intentionally follows or surveils another person
and/or engages in a course of conduct that is intended to place a person in
reasonable fear of bodily injury as that phrase is defined in RCW
9A.04.110.
"Follows", as used in this section, means deliberately maintaining
visual observation and/or physical proximity of a specific person or persons
over a continuous period of time.
Violation of this section is a misdemeanor, the maximum penalty of
which is ninety (90) days in jail and a one-thousand dollar ($1,000.00)
fine.
2 Recodify/Reenact KCC 9.02
Ordinance
Page 16
SECTION 2. — Reenact. Section 9.02.295 entitled "Definitions,"
Section 9.02.296 entitled "Lewd conduct," and Section 9.02.297 entitled
"Facilitating lewd conduct" of the Kent City Code, all enacted in Ordinance
4102, are reenacted as follows:
Sec. 9.02.295 Definitions. The following words and phrases,
wherever used in Kent City Code sections 9.02.296, 9.02.297, 9.02.300
and 9.02.310, shall have the meanings ascribed to them in this section
except where otherwise defined and unless the context shall clearly
indicate to the contrary:
A. Expressive conduct means any dance, opera, musical, dramatic
work, or other exhibition or performance, whether or not part of an
organized or formal event that constitutes protected speech under the
federal or state constitution.
B. Known prostitute, a person known to patronize prostitutes, or a
person known to advance prostitution means a person who within one (1)
year previous to the date of arrest for violation of this section has, within
the knowledge of the arresting officer, been convicted of an offense of
prostitution, patronizing a prostitute, prostitution loitering, permitting
prostitution, or promoting prostitution whether or not such conviction
occurs under the Revised Code of Washington or comparable laws of
municipalities in the state of Washington.
C. Patronizing a prostitute shall have the same meaning as set forth in
RCW 9A.88.110 as now enacted or later amended or recodified.
D. Prostitution means to engage or agree or offer to engage in sexual
conduct for a fee, reward, exchange of any item or service, or promise, but
3 Recodify/Reenact KCC 9.02
Ordinance
Page 17
does not include sexual conduct engaged in as part of any stage
performance, play, or other lawful and properly licensed entertainment
open to the public.
E. Public place means an area generally visible to public view including
streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots,
automobiles (whether moving or not) and any place in which the general
public has a right to be present or view, whether or not conditioned upon
payment of a fee, and includes, but is not limited to, buildings open to the
general public, including those which serve food or drink or provide
entertainment or sell product, and the windows, doorways and entrances
to buildings or dwellings and the grounds enclosing them, and structures
from which customers can be served through a drive-up or walk-up
window, door, or other means, whether or not access is restricted
according to age.
F. Public place provided or set apart for nudity means an enclosed
public restroom, an enclosed functional shower or locker room facility, an
enclosed sauna, a motel room or hotel room designed and intended for
sleeping accommodations, the location of a bona fide private club whose
membership as a whole engages in social nudism or naturalism (a nudist
resort or camp), and any similar public places in which nudity is
necessarily and customarily expected outside of the home.
G. Sexual conduct shall mean "sexual intercourse" or "sexual contact"
as defined in RCW 9A.44.010 as currently enacted or later amended or
recodified.
H. Walking or otherwise conducting oneself in a sexual manner shall
mean the swaying of hips, drawing attention to one's buttocks, legs, or
4 Recodify/Reenact KCC 9.02
Ordinance
Page 18
breasts, grabbing oneself in the genitals or breasts, blowing kisses, or
using one's body or any part thereof to simulate sexual conduct.
Sec. 9.02.296. Lewd conduct
A. A person is guilty of lewd conduct if, in a public place and under
circumstances where such conduct is likely to be observed by a member of
the public, the person intentionally:
(1) Exposes any of his or her body parts without a full and
opaque covering:
(a) Any part of the male or female genitals, pubic hair,
pubic area, perineum, anus, or bottom one-half of the anal cleft;
(b) Any part of the areola or nipple of the female breast; or
(c) More than one-half of the part of the female breast
located below the top of the areola;
(2) Exposes the male genitals in a discernibly turgid state, even if
fully and opaquely covered;
(3) Touches, caresses, or fondles the genitals or female breast,
whether clothed or unclothed with the intention of sexual arousal or one's
self of others;
(4) Masturbates; or
(5) Engages in sexual intercourse or sexual contact as those
terms are defined in chapter 9A.44 RCW.
5 Recodify/Reenact KCC 9.02
Ordinance
Page 19
B. Body paint, body dye, tattoos, latex, tape, or any similar substance
applied to the skin surface, any substance that can be washed off the skin,
or any substance designed to simulate or by which by its nature simulates
the appearance of the anatomical area beneath it, is not full and opaque
covering within the meaning of this section.
C. This section shall not be construed to prohibit:
(1) The act of breastfeeding or expressing breast milk;
(2) Classes, seminars, and lectures held for serious scientific or
educational purposes;
(3) Expressive conduct that is not obscene, subject to the time,
place, and manner restrictions contained in chapter 5.10 KCC or other law;
(4) Conduct of licensed adult entertainers within adult
entertainment dance studios operating pursuant to chapter 5.10 KCC;
(5) Conduct of licensed employees working in adult businesses
operating pursuant to chapter 5.10 KCC, provided the conduct is not
exposed to a person under 18 years of age; or
(6) Conduct of a child under 10 years of age.
D. Lewd conduct is a misdemeanor.
Sec. 9.02.297. Facilitating Lewd conduct. The owner, lessee,
manager, operator, or other person in charge of a public place is guilty of
facilitating lewd conduct if the person knowingly permits, encourages, or
6 Recodify/Reenact KCC 9.02
Ordinance
Page 20
causes to be committed lewd conduct as defined in KCC 9.02.296.
Facilitating lewd conduct is a misdemeanor.
SECTION 3. - Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state or federal laws, codes, rules, or
regulations.
SECTION 4. - SeverabilitY. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this
ordinance and that remaining portion shall maintain its full force and
effect.
SECTIONS. - Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage and publication, as
provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
ARTHUR FITZPATRICK, ACTING CITY ATTORNEY
7 Recodify/Reenact KCC 9.02
Ordinance
Page 21
PASSED: day of 2014.
APPROVED: day of 2014.
PUBLISHED: day of 2014
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
RONALD F. MOORE, CITY CLERK
P:\Civi1\0rdinance\9.02 Amend Reenact Docx
8 Recodify/Reenact KCC 9.02
Ordinance
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Page 23
POLICE DEPARTMENT
� Ken Thomas, Chief of Police
KENT Phone: 253-856-5800
Fax: 253-856-6802
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: March 11, 2014
TO: Public Safety Committee
SUBJECT: Ordinance Amending KCC 13.05.050 - Fireworks Penalty - Authorize
Motion: Move to recommend the Council authorize the Mayor to adopt an
Ordinance amending KCC 13.05.050, entitled "Penalty," amending the penalty
for the unlawful sale, possession, or discharge of fireworks from a criminal
offense to a class 1 civil infraction.
SUMMARY:
Currently, under the Kent City Code, the unlawful possession, sale or discharge of
fireworks constitutes a criminal offense. Each year, the City receives numerous
complaints regarding the unlawful discharge of fireworks. However, unless a
commissioned officer views the actual discharge or possession of the fireworks, the officer
is unable to issue a criminal citation. This results in very few prosecutions of fireworks
violations.
In addition, the investigation and preparation of a criminal case can be quite time
consuming. This puts pressure on officers who deal with high call volumes during the
days preceding, including, and following July 4.
It is the Police Department's desire to have a better tool to enforce regulations regarding
the discharge, possession and sale of fireworks. Changing the violation of these
regulations from a criminal offense to a class 1 civil infraction will result in a more efficient
use of police resources, and should make it easier for commissioned officers to make a
real impact by increasing the number of violations prosecuted by the City.
This ordinance will reduce the offense relating to the sale, purchase, possession or
discharge of fireworks from a misdemeanor carrying a maximum penalty of 90 days in jail
and a $100 fine, to a class 1 civil infraction carrying a maximum penalty of $250.
Exhibit: Ordinance
Budget Impact: None
Page 24
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Section
13.05.050, entitled "Penalty," amending the
penalty for unlawful possession of fireworks from a
criminal offense to a class 1 civil infraction.
RECITALS
A. Currently, under the Kent City Code, the unlawful possession,
sale or discharge of fireworks constitutes a criminal offense. Each year,
the City receives numerous complaints regarding the unlawful discharge of
fireworks. However, unless a commissioned officer views the actual
discharge or possession of the fireworks, the officer is unable to issue a
criminal citation. This results in very few prosecutions of fireworks
violations.
B. In addition, the investigation and preparation of a criminal
case can be quite time consuming. This puts pressure on officers who deal
with high call volumes during the days preceding, including, and following
July 4.
C. It is the Police Department's desire to have a better tool to
enforce regulations regarding the discharge, possession and sale of
fireworks. Changing the violation of these regulations from a criminal
1 Amend KCC 13.05.050
Ordinance
Page 25
offense to a class 1 civil infraction will result in a more efficient use of
police resources, and should make it easier for commissioned officers to
make a real impact by increasing the number of violations prosecuted by
the City.
D. This ordinance will reduce the offense relating to the sale,
purchase, possession or discharge of fireworks from a misdemeanor
carrying a maximum penalty of 90 days in jail and a $100 fine, to a class 1
civil infraction carrying a maximum penalty of $250.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. — Amendment. Section 13.05.050 of the Kent City
Code, entitled "Penalty," is hereby amended as follows:
Sec. 13.05.050. Penalty. ns of
KCC 15.05.010 shall be deemed to have committed a class 1 civil
infraction as set forth in RCW 7.80.120. An infraction issued pursuant to
this section shall be filed in the Kent Municipal Court and aracessed in the
same manner as other infractions filed in the Kent Municipal Court. Any
person violating the provisions of KCC " '.^�.^"^, 13.05.020, or
13.05.030 shall be guilty of a misdemeanor, and shall be punished by
imprisonment not to exceed ninety (90) days and a fine not to exceed one
thousand dollars ($1,000). Any person violating the provisions of KCC
13.05.040 shall be guilty of a gross misdemeanor and shall be punished by
imprisonment not to exceed one (1) year and a fine not to exceed five
thousand dollars ($5,000). A person is guilty of a separate offense for each
2 Amend KCC 13.05.050
Ordinance
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day during which he or she commits, continues, or permits a violation of
the provisions of this chapter.
SECTION 2. — Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state or federal laws, codes, rules, or
regulations.
SECTION 3. — SeverabilitY. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this
ordinance and that remaining portion shall maintain its full force and
effect.
SECTION 4. — Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage and publication, as
provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
ARTHUR FITZPATRICK, ACTING CITY ATTORNEY
3 Amend KCC 13.05.050
Ordinance
Page 27
PASSED: day of 12014.
APPROVED: day of 2014.
PUBLISHED: day of 2014
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
RONALD F. MOORE, CITY CLERK
P:\Civi1\0rdinance\13.05 Hremrk.Wcx
4 Amend KCC 13.05.050
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Page 29
POLICE DEPARTMENT
� Ken Thomas, Chief of Police
KENT Phone: 253-856-5800
Fax: 253-856-6802
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: March 11, 2014
TO: Public Safety Committee
SUBJECT: Police Chief's Update - Information Only
Information Only
SUMMARY: Ken Thomas, city of Kent Police Chief, will present information regarding
current events affecting the police department including:
Introduction of Tom Kaspar - Volunteers in Police Service Coordinator